Different aspects of APAs Sample Clauses

Different aspects of APAs. The concept of APA used by OECD is very close to that provided by the IRS. OECD has expressed some doubts about how specific an APA can be in prescribing a corporation’s TP over a period of years and also whether the TPM alone can be determined in a particular case. OECD explains its position by arguing that the reliability of a prediction depends both on the nature of that prediction and on the critical assumptions on which the prediction is based, together with the use of a range of results. When considering a scope of an APA, OECD recommends corporations and administrations to pay attention to the reliability of the prediction (Xxxxxxxx, 1998). According to the International Chamber of Commerce (ICC), an APA is a binding agreement for the future. An agreement like that can be different from that on which independent enterprises have agreed on, since the future is unknown. This issue can be solved by the use of the so-called “critical assumptions”. However, it can be difficult for a corporation to define the relevant assumptions and to demonstrate that these assumptions are still valid. The validity of an APA is limited to a short period of time, due to the rapidly change in businesses. If the APA can be limited to defining the applicable TPM and avoid defining prices or results, the difficulties around APA can be mitigated according to the ICC. This is the opposite to OECDs point of view, which accepts that an APA is based on a range of results (Xxxxxxxx, 1998).
Sample 1
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Related to Different aspects of APAs

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